(영문) 서울중앙지방법원 2017.04.25 2015가단5288138

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(영문) 서울중앙지방법원 2017.04.25 2015가단5288138

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is the owner of the building indicated in the attached Table (hereinafter “instant building”).

(2) On December 19, 2010, C leased the entire 3 and 4 floors of the instant building from the Plaintiff with a deposit of KRW 200 million.

(3) Around August 20, 2011, D drafted a lease agreement with C, which provides that KRW 502 of the instant building shall be leased deposit KRW 60 million, and monthly rent shall be determined from September 2, 201 to September 3, 2013, with the lease term fixed from September 3, 2011.

At the time, Defendant B mediated the conclusion of the above lease agreement as a real estate agent.

(4) D transferred the lease deposit amount of KRW 60 million to the Agricultural Cooperative Account (Account Number: E) in the name of the Plaintiff, and around that time, D resided in No. 502 of the instant building.

B. The Plaintiff and D’s civil lawsuit (1) filed a lawsuit against the Plaintiff to claim for the return of the lease deposit (2012Gadan8849) with the Changwon District Court. On February 19, 2014, the said court rendered a judgment that “the Plaintiff would deliver No. 502 of the instant building to D and pay KRW 60 million at the same time” on the ground that the Plaintiff appears to have ratified the lease contract concluded between D and C on August 25, 2011, although there is no evidence to acknowledge that C had been granted the power of representation for the conclusion of the lease contract by the Plaintiff.

① On August 25, 201, after preparing a lease contract with C, D was only the Plaintiff in order to obtain a loan from Korea bank for a deposit of money.

② The Plaintiff issued to D a letter of delegation stating that “all matters related to the real estate lease agreement shall be delegated to the agent (C) in entirety,” and a certificate of personal seal impression of the Plaintiff himself.

③ D was granted a loan of KRW 48 million from our bank for the purpose of a loan for the entire loan, and the remainder of the lease deposit is KRW 54 million, in addition to some of the above money, under the name of the Plaintiff.

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